Signature Page - Form of

Policy

All State Contracts shall use one of the approved signature and cover page forms described in this Policy unless the State Agency or Institution of Higher Education (IHE) has obtained the prior, written approval from the Office of the State Controller (OSC).

• Available Signature and Cover Page Forms. The following model signature and cover pages are available for use:
  • Model Contract.  Each model contract described in the State Controller Policy entitled “Model Contracts” contains the signature and cover page that shall be used with that specific model.
  • Modification Forms.  Each modification tool described in the State Controller Policy entitled “Modifications of Contracts – Tools and Forms” contains the signature and cover page that shall be used with that specific modification form.  If the form does not have a separate signature and cover page, then the Agency or IHE shall use the signature block provided in that form.
  • Other Forms. For any contract that does not use one of the forms listed in sections 1.a or 1.b of this policy, the Agency or IHE shall use the signature and cover page form from the model personal services contract unless they have received the approval from the OSC to use a different signature page or are using the signature page or block contained in a form issued by another central approver and approved by the OSC, such as contract forms issued by the Office of the State Architect.
• Completing the Approved Signature and Cover Page Forms.  Agencies and IHEs shall fill in all appropriate blanks and fields on the signature and cover page for the contract they are completing.  These blanks and fields may include, without limitation, all of the following based on the form used:
  • State Agency.  The name of the Agency or IHE entering into the agreement on behalf of the State.  This will appear in both the “State Agency” box as well as the “State of Colorado” signature block.
  • Contractor.  The full legal name of the contractor, as that name is registered with the Secretary of State if registration is required, including the entity type (e.g. “Inc.”, “LLC”, etc…).  This will appear in the “Contractor” box as well as the “Contractor” signature block.
  • Contract Maximum Amount.  The current maximum amount payable for the initial term and all known extension terms, as well as the annual maximum amounts of each state fiscal year, unless the Agency or IHE has received approval from the OSC otherwise.  The annual maximum amounts may only be removed or modified if funding for the contract originates from a grant or other funding source that is not subject to state fiscal year appropriations limitations or if the Agency or IHE has received approval from the OSC to remove or modify those annual maximum amounts.
  • Original Contract Number.  The CMS number for the base contract or other identifying contract number for the base contract.
  • Modification Contract Number.  The CMS number for the modification or other identifying contract number for the modification, if the document is a modification to a base contract.
  • Contract Encumbrance Number.  The  encumbrance number  for the Original Contract of Modification of the Contract.
  • Contract Performance Beginning Date. The date on which the contractor will begin performance, if different than the effective date of the contract.
  • Initial Contract Expiration Date.  The date on which the initial term of the contract will expire.
  • Current Contract Expiration Date.  The date on which the contract will expire after all currently existing modifications, if the document is a modification to the base contract.
  • Contract Description.  A brief description of the contract to be used as a reference for reviewers, which may be the same as the contract’s title.
  • Contractor Signatory.  The name and title of the individual signing for the contractor (or each contractor if the contract has two or more contractors as parties).  This will appear in the “Contractor” signature block.
  • Agency Head.  The name and title of the senior executive (the “head”) of the Agency or IHE.  This will appear in the “State of Colorado” signature block.
  • Agency Signatory.  The name and title of the person signing for the Agency or IHE (or each Agency and IHE if the contract has two or more Agencies and IHEs as parties).  This will appear in the “State of Colorado” signature block.
  • Controller Delegate.  The name of the Agency’s or IHE’s controller delegate if the contract will be signed by that delegate.  This will appear in the “State Controller” signature block and should be deleted if routed to the OSC for signature.
• Modifying the Approved Signature and Cover Page Forms.  Agencies and IHEs may modify the Signature Page Forms as necessary to address specific needs; provided that they shall attempt to minimize the number of modifications and substantially retain the original format.  Completing the signature and cover page form as described above does not count as modifying the form.  The following modifications may be made to the signature and cover page form:
  • Changes that can be made without OSC Approval.  The following modifications may be made without prior written approval by the OSC:
    • Including a vendor’s address or other identifying information to resolve any ambiguity as to the identity of the vendor.  This shall not include using a Social Security Number or Federal Employer Identification Number on the document, as those are never permitted for privacy reasons.
    • Modifying the Contract Maximum Amount box to account for additional years of the initial or extension terms or removing the extension terms if there are none.
    • Deleting unused additional signature blocks or modifying those blocks to account for additional contractors or Agencies or IHEs.  The “Legal Review” signature block shall not be deleted prior to execution of the contract without the approval of the OSC if it is present in the form, though if a contract is properly executed without a signature from the Attorney General’s office, then “N/A” may be written into the “Legal Review” signature line.
    • Changing the names and titles of state officials when the individuals holding those positions change.
    • Modifying the formatting, such as changing line spacing, font size and type and page numbering.
    • Modifying header or footer information.
  • Changes that require OSC approval.  The following modifications require prior written approval by the OSC:
    • The removal of, modification to or addition of any information box on the signature and cover page other than those specifically described in the above section in this policy.
    • Modifications to the language on the form before the signature block that states: “Each person signing this Contract represents and warrants that he or she is duly authorized to execute this Contract and to bind the Party authorizing his or her signature.”
    • Modifications to the statutory reference in the “State Controller” signature block that states: “In accordance with §24-30-202 C.R.S., this Contract is not valid until signed and dated below by the State Controller or an authorized delegate.”
    • Any change adding any term, condition or representation to the signature and cover page.

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